What is the test for denying a motion to suppress evidence?

California, United States of America


The following excerpt is from People v. Gauna, C056813 (Cal. App. 4/4/2008), C056813 (Cal. App. 2008):

"In reviewing the denial of a motion to suppress evidence, we view the record in the light most favorable to the trial court's ruling and defer to its findings of historical fact, whether express or implied, if they are supported by substantial evidence. We then decide for ourselves what legal principles are relevant, independently apply them to the historical facts, and determine as a matter of law whether there has been an unreasonable search and/or seizure." (People v. Miranda (1993) 17 Cal.App.4th 917, 922.)

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